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I. INTRODUCTION
“Samboy” Lim, Jr., a Hall of Famer shooting guard playing for the Beermen,
suffered a horrible injury which most basketball fans and analysts would
history.
Jojo Lastimosa, were trailing most of the game but they were able to gain some
momentum in the fourth quarter. The game was already heated since the start,
as expected from two teams who considered each other as rivals. The
physicality was intense as both teams wanted to win badly. In the closing
minutes of the game, Lastimosa tried to shoot from mid-range but he was
blocked by Yves Dignadice, the playing center for the Beermen. Samboy Lim
picked up the ball after the block and as he was about to dribble the ball, he
was hit on the face by Lastimosa. The referees called a deliberate foul against
the latter. The fans were exhilarated as the head to head game became more
intense. But everybody became silent and in shock after what they saw to
Samboy Lim.
It was the Beermen’s possession. Samboy Lim drove hard to the basket,
faked Jojo Lastimosa, flew in the air with the ball in his right hand, double
pumped under the outstretched arms of Nelson Asaytono and Jerry Codiñera
who were trying to block his shot but Jojo Lastimosa clotheslined him and
grabbed him by the shoulders. The hard hit to Samboy’s head by Lastimosa
caused his body to lose control and went flying upside down hitting his head
first then shoulder on the hardwood floor. Blood spilled from Samboy’s face. He
was taken out in a stretcher and rushed to Makati Medical Center. He had a
cut in his forehead that needed 18 stitches outside and 8 stitches inside to
close up.1 He also suffered a concussion, a mild traumatic brain injury (TBI). It
can occur after an impact to your head or after a whiplash-type injury that
causes your head and brain to shake quickly back and forth.2 Concussion is
Most fans that were present on the game and witnessed the incident
would say that it looked like a career-ending injury. Some would even tag it as
1
Joble, R. (2018, May 1) 3 inspiring PBA stories of players who returned from career-threatening injuries. Retrieved
from https://www.foxsports.ph.
2
Luo, E. (2017, March 15) Concussion. Retrieved from https://www.healthline.com.
Samboy Lim is one of the PBA’s 25 Greatest Players. His devil-may-care
Skywalker” because he could glide himself in mid-air, suspend his shot and
come up with a spectacular play that usually sent the crowd into a deafening
roar.3
That gruesome injury could’ve ended Samboy Lim’s career or worse, his
sports; some say it is even inherent in sports. But when does the infliction of
injuries cross the legal line and give rise to legal liability? In this case, was Jojo
Lastimosa liable? Was San Miguel vicariously liable? Was his coach liable too?
Sports have been a big part of the culture of the Filipinos. Every time
Manny Pacquiao has a fight, the whole nation would unite to support him.
When the national men’s basketball team, Gilas Pilipinas ended the Korean
tears. The love for sports of the Filipinos is also evident in the collegiate level.
The rivalry between the Ateneo Blue Eagles and De La Salle University is
3
Joble, R. (2018, May 1) 3 inspiring PBA stories of players who returned from career-threatening injuries. Retrieved
from https://www.foxsports.ph.
always much anticipated by fans. Such rivalry even reached the sports pages of
Filipinos play different kinds of sports but basketball is the biggest in the
country. The country’s love for the game is evident in Rafe Bartholomew’s book
Pacific Rims where he talks about how the Philippines has embraced the game
inherent to the sport because of its nature. The history of Philippine sports is
not all about triumphant victories. It also had its fair share of dark times where
Filipinos witness players suffer from gruesome injuries just like what happened
actions by other players. But, it cannot be denied that few are caused by
To say that a study of sports and its relation to torts law is irrelevant is
turning a blind eye to the country’s love of sports—and the dark side that
comes with it. While the Philippines might not have a sports industry as
developed as that of the United States, one needs only to look at the hoopla
and fanfare surrounding sports to see that sports is just as well-received in the
4
Bartholomew, R. (2007 Sept. 23). A Nation’s Passion Lives in a Rivalry of Green vs. Blue, N.Y. TIMES. Retrieved
from http://www.nytimes.com.
5
Bartholomew, R. (2010). Pacific Rims: Beermen Ballin’ in Flip-flops and the Philippines’ Unlikely Love Affair with
Basketball
Philippines as in any other country. Furthermore, the very nature of sports as
competition, its hold on society’s psyche, and the underlying business and
and fines against players if it is proven that they have committed deliberate
Abueva of the Phoenix Pulse because he clotheslined the Talk n’ Text import
Terrence Jones.7 Such sanctions and fines are also the way of other league
There has been no case in the Supreme Court where a player asked for
recovery or filed a civil action against another player for an injury suffered
incidents.8 Some would argue that players know and understand the risk and
that they have consented themselves to such risk. But, as the Philippine sports
progress, Filipino fans hope not to see and experience dark times anymore.
6
Ingles, I. (2016). Philippine Sports Torts: Adopting a Standard of Care for Sports Competitions and Establishing
Vicarious Liability for Professional Coaches (pg. 7)
7
Terrado, R. (2019, June 2). Calvin Abueva joins ejected list for clothesline on Terrence Jones. Retrieved from
https://www.spin.ph.
8
Ibid., 5.
III. RESEARCH QUESTIONS
2. Whether or not the team management can be held vicariously liable for
vicariously liable for the deliberate acts of its players and whether the possible
The first discussion will describe the void in Philippine law in terms of
torts cases under United States (U.S.) Jurisprudence. These are Kabella v.
Philippine law.
The second discussion will focus on whether the team management can
be held vicariously liable for the deliberate acts of its players. It will include a
thorough discussion of vicarious liability under Article 2180 of the Civil Code of
the Philippines and other foreign laws. Furthermore, it will investigate whether
the relationship between the team management and players can be considered
the Philippines.
The last discussion will tackle the main issue of this research which is
whether the possible imposition of legal liability against players, coaches and
and intentional torts. It will dwell with the possible legal liability of coaches for
the negligent or intentional acts of their players based on the Captain of the
league. Ultimately, it will answer the main question of whether the possible
the league can mitigate negligence and intentional torts by examining the
mitigating effects of torts law in sports based on cases under U.S.
Jurisprudence.
V. DISCUSSION
football, fans enjoy seeing players playing hard against each other. Football
fans love seeing hard tackles as it display great defense. Basketball fans get
exhilarated every time they see players playing tough and aggressive. The
Detroit Pistons’ Bad Boys became so famous in the history of the National
Fans do not really think that career-ending injuries or gruesome incidents may
an avid basketball or football fan would always say, “That’s just part of the
game”. This kind of attitude in the world of sports rationalizes why it has been
very difficult for players to seek for legal remedies when they suffer injuries
But today, the tables have turned in the world of contact sports. The
recognition of the duty to refrain from the reckless disregard of the safety rules
of a sport has been the recent trend of United States (U.S.) sports torts cases
9
Gibbons, K. (2011). Detroit Pistons: The 5 Baddest Boys of the Bad Boys Era. Retrieved from
https://bleacherreport.com/articles/761050-detroit-pistons-the-five-baddest-boys-of-the-bad-boys-era#slide0
and U.S. courts have allowed recovery based either on intentional torts or from
the breach of said duty (gross negligence or recklessness).10 But, this kind of
unpopular.
Jurisprudence
against an unreasonably great risk of harm.11 A tort is a private (or civil) wrong
The degree of the defendant’s intent to harm toward the plaintiff can be
1. Intentional tort (e.g., assault and battery): intent to commit the act
10
Ingles, I. (2016). Philippine Sports Torts: Adopting a Standard of Care for Sports Competitions and Establishing
Vicarious Liability for Professional Coaches.
11
Wong, G. (2010). Essentials of Sports Law 4th Edition, pg. 96.
12
Id. at 95
13
Id.
In U.S. Jurisprudence, negligence and intentional tort have been applied
unintentional tort are brought about by the rise of medical costs that the
injured party have to meet.14 Such costs will be borne by the offending party if
he/she is proven guilty. One of the cases in U.S. Jurisprudence which invokes
“Vance Kabella, by and through his mother as next friend, filed a suit
against Greg Bouschelle, alleging that on October 24, 1981, both Kabella and
Bouschelle with two other players were engaged in a friendly game of tackle
football. Kabella's complaint alleged that during the game he was carrying the
ball and Bouschelle attempted to tackle him. As Bouschelle grasped Kabella and
began to wrestle him down, Kabella announced several times, "I'm down," but
Bouschelle continued to tackle the plaintiff throwing him to the ground and
The New Mexico Court of Appeals ruled against Kabella stating that he
assumed the risks of injury in playing an informal game of tackle football and
that there was no proven intentional tort or reckless conduct. This was a
14
Id.
15
Kabella v. Bouschelle, 672 P.2d 290 (N.M. Ct. App. 1983)
A more popular and effective ground in sport torts cases is intentional
center for an amateur basketball team known as the Rockford Athletic Club
Clauson, was a member. Plaintiff’s team was going for the north goal and
plaintiff was standing in the free-throw area facing south with his back to the
north basket, with defendant, on the opposing team, guarding him. Defendant
was standing directly in back of plaintiff and the evidence on behalf of the
plaintiff is that plaintiff was about to receive a pass of the ball from a teammate
when defendant pushed him and then struck him in the face with his fist and, as
ordering Clauson to pay $2,000 in damages. This case showed that recovery
16
Griggas v. Clauson, 6 Ill. App.2d 412 (1955)
b. The Void in Philippine Law
sports torts cases. Currently, there are no Supreme Court cases involving non-
person.”17 In the New Civil Code of the Philippines, Article 2176 governs
damage to another, there being fault or negligence, is obliged to pay for the
This statute can be applied in sports torts cases. Injured players can
invoke such provision of the law as a ground to file a civil case against the
offending player. Article 2176 covers acts caused by either fault or negligence.
ground in seeking legal remedies. For example, if the case of Griggas v. Clauson
17
Pineda, E. (2009) Torts and Damages (Annotated)
18
Civil Code, § 2176, Rep. Act 386 (Phil.)
plaintiff to recover damages from the defendant. Such void in Philippine sports
Vicarious liability is defined in Article 2180 of the New Civil Code of the
“The obligation imposed by Article 2176 is demandable not only for one's
own acts or omissions, but also for those of persons for whom one is
responsible.
The father and, in case of his death or incapacity, the mother, are
responsible for the damages caused by the minor children who live
in their company.
their company.
business or industry.
special agent; but not when the damage has been caused by the
article shall cease when the persons herein mentioned prove that they
damage.19
The Philippine Supreme Court has not yet decided on a case involving
vicarious liability of the team management for the negligent or tortious acts of
its players primarily because Article 2180 does not include a team manager-
because the list is exclusive. According to Philippine Civil Law expert Arturo
19
Civil Code, § 2180, Rep. Act 386 (Phil.)
20
Tolentino, A. (2002), Commentaries and Jurisprudence on the Civil Code of The Philippines, pg. 612
a. Vicarious Liability under Foreign Jurisprudence
stated that, “The scope of vicarious liability depends upon the answers to two
and a defendant before the defendant can be made vicariously liable in tort for
the conduct of that individual? Secondly, in what manner does the conduct of
and a player and there is evidence that the negligent or tortious act of the
player was done in accordance with his job as a player or an employee of the
team.
that the team management can be vicariously liable for the negligent or
tortious acts of its players. The English High Court in Elliott v Saunders and
Liverpool Football Club (unreported, English High Court, 10 June 1994) accepted
that in principle a professional football club could be vicariously liable for the
21
Cox v. Ministry of Justice, UKSC 2014/0089 (02 Mar 2016)
acts of its employees who negligently caused injury to another player.22 In
McCord v Cornforth and Swansea City Football Club (The Times, 11 February
1997) the High Court finally found an employing club vicariously liable for the
opponent.23 In Watson and Bradford City Football Club v Gray and Huddersfield
Town Football Club (The Times, 26 November 1998), the defendant club was
career-ending, injury while in Vowles v Evans and Welsh Rugby Union [2003]
EWCA Civ 318, the Welsh Rugby Union was held to be vicariously liable for the
referees.24
Tomjanovich was punched in the face by a Los Angeles (L.A.) Lakers player,
fractures, facial lacerations, loss of blood, and leakage of brain cavity spinal
fluid.” Tomjanovich sued Washington and the L.A. Lakers. In suing the Lakers
on vicarious liability, Tomjanovich claimed that the team not only knew of the
22
James, MD & McArdle, D, (2004) Player violence or violent players? Vicarious liability for sports participants.
Retrieved from http://usir.salford.ac.uk/1056/
23
Id.
24
Id.
Washington featured in a magazine as a league enforcer. The jury ruled in
Taken as a whole, the cases are authority for the proposition either that
the negligent, and usually foul, play of the defendant player will be considered
Because the list under Article 2180 of the Civil Code of the Philippines is
must be present: (1) selection and engagement of the employee; (2) payment of
25
Ingles, I. (2016). Philippine Sports Torts: Adopting a Standard of Care for Sports Competitions and Establishing
Vicarious Liability for Professional Coaches (pg. 39)
26
Id.
wages; (3) power of dismissal over the employee; and (4) power to control the
employee’s conduct.27
in individual sports since the necessary element of control by the hiring parties
different. The four elements under the four-fold test are undoubtedly present in
team sports. This form of control usually takes the form of certain philosophy
or methodology on how the players of the team must play the game.28
four-fold test, vicarious liability can be imposed against the team management
Coaches normally have the closest relationship with athletes and have
the most direct control over them in any sport. The coach-athlete relationship
27
Ingles, Ignatius Michael D. (2014) Playing for Wages: Defining the Legal Relationship Between Professional
Athlete and Team, a Sports Law Perspective on Philippine Labor Law (pg. 789)
28
Id.
to participants is owed by coaches.29 Because of this relationship, coaches
athletes. But these lawsuits involve a coach against his own player/s. In Sports
Law, coaches cannot be held vicariously liable for the negligent or tortious acts
of their players. In fact, the current state of Philippine law does not make
The Captain of the Ship Doctrine states that the surgeon’s mere presence
in the operating room subjects the latter to legal liability for everyone’s
all assistant coaches and administrators involved with the program who report
directly or indirectly to the head coach. The new legislation holds head coaches
29
Mirsafian, H. (2016), Legal Duties and Legal Liabilities of Coaches toward Athlete
30
Ingles, I. (2016). Philippine Sports Torts: Adopting a Standard of Care for Sports Competitions and Establishing
Vicarious Liability for Professional Coaches
31
Nonato, R. (2013) The Abandonment of the Captain of the Ship Doctrine in Light of Recent Developments in
Philippine Surgery in the Context of the Operating Room
directly accountable for NCAA violations by members of their coaching staff.32
The master/servant rule manifests that a coach can be legally liable for the
actions of his subordinates. But, such doctrine does not involve the liability of
interpreted that the coach, as the leader of the team, can be subjected to a
legal liability for the negligence of the players. But, such doctrine has never
been applied in the field of sports. With the limitations of the master-servant
rule and the absence of supporting legal basis both in Philippine and foreign
it can be concluded that a coach cannot be held vicariously liable for the
The duty to refrain from the reckless disregard of the safety rules of a
sport has been the recent trend of United States (U.S.) sports torts cases and
U.S. courts have allowed recovery based either on intentional torts or from the
32
Greenberg, M. (2012) Coach Accountability Reduces Vicarious Liability. Retrieved from
http://law.marquette.edu/assets/sports-law/pdf/coachacc.9913.pdf
jurisprudence is bereft of the application of torts law principles in the context
of sports.33
and suspensions to players who commit negligent or tortious acts on the court.
Such imposition of penalties does not give the aggrieved party any remedy to
recover damages from the guilty player or from his team. Furthermore, it does
Under the U.S. Jurisprudence, there have been numerous cases decided
by the Supreme Court favoring the aggrieved party in torts cases. In 1957, a
Tennessee court once again ruled in favor of the injured party after an
catcher. After a few pitches almost “nicked” him, Luttrell threw his bat towards
the pitcher’s mound in anger. Surprisingly, it was Averill, the catcher, who
took exception and struck Luttrell on the back of the head. The blow rendered
Luttrell unconscious, and he suffered a broken jaw as he hit the ground. The
court ruled for Luttrell, saying “the assault made by Averill ‘was no[t] part of
33
Ingles, I. (2016). Philippine Sports Torts: Adopting a Standard of Care for Sports Competitions and Establishing
Vicarious Liability for Professional Coaches
Professional and non-professional basketball players in the United States
of America are very aware that they can be held civilly liable for their negligent
discourages them to commit such acts. A law is more powerful than the rules
and regulations of a particular league. Assuming that the State will promulgate
a law imposing a legal liability against a player or the team management for the
negligent and tortious acts of the player, it will bear more power than the fines
and suspensions that PBA currently imposes. Thus, it will be more effective in
mitigating the unlawful acts of players that more often lead to unwanted
incidents.
VI. CONCLUSION
Based on the analyses of local and foreign laws, case laws from U.S. and
U.K. Jurisprudence and certain legal doctrines, the following conclusions can
be inferred.
the Civil Code of the Philippines. Second, the team management can be held
vicariously liable for the negligent or tortious acts of its players because the
employee relationship thus under the scope of Article 2180 of the Civil Code of
the Philippines. Third, coaches cannot be held liable for the negligent and
tortious acts of their players because of the absence of any statute providing
such liability. Furthermore, the Captain of the Ship Doctrine which implies the
legal liability of coaches cannot be applied in the field of sports because of the
absence of any supporting case laws. Finally, the possible imposition of legal
in the league.
recover, especially when faced with tort defenses such as the assumption of
risk.34 This research ultimately aims to propose how legal liability imposed
another can mitigate cases and incidents of gruesome and possible life-ending
This research seeks to provide a safety net for professional athletes in such
34
Ingles, I. (2016). Philippine Sports Torts: Adopting a Standard of Care for Sports Competitions and Establishing
Vicarious Liability for Professional Coaches (pg. 5)
The recovery of Samboy Lim from the gruesome injury was almost a miracle.
That injury could have ended his career and fans would have not witnessed his
legacy. But it is not all the time that miracles happen so we have to initiate